Washington's 340B protection law survives — and the national map now splits clean: 22 state laws, two circuits upholding, one blocking, DOJ siding with manufacturers
On June 9, 2026 a federal judge denied AbbVie, AstraZeneca, Novartis, and PhRMA's bid to block Washington's SB 5981, letting the nation's 22nd state 340B contract-pharmacy protection law take effect June 10 with penalties up to $5,000/day. The ruling sharpens the cleanest circuit split in health law: the 5th Circuit upheld Louisiana's law (Feb 9) and Mississippi's in two separate cases (Apr 9), Minnesota's state appeals court upheld its law (Feb 17) — while the 4th Circuit blocked West Virginia's as likely federally preempted (Mar 31) and a North Dakota judge struck that state's law in April.
Two more wrinkles tilt the field: the Trump DOJ filed amicus briefs in the Colorado and Rhode Island cases (Feb 2026) backing the manufacturers' preemption theory — a first — and Kansas becomes the only state moving backward, its protections expiring June 30 after the renewal bill died. Multiple law firms now expect Supreme Court review.
For multi-state FQHC networks, 340B contract-pharmacy security now varies by federal judicial circuit; the NACHC state-law tracker is the canonical map.
Key takeaways
- 22 states have enacted 340B contract-pharmacy protection laws; WA's survived its first court test June 9 and took effect June 10.
- Circuit split: 5th Circuit upheld LA + MS; 4th Circuit blocked WV; ND struck down — Supreme Court review increasingly likely.
- The Trump DOJ's amicus briefs against the CO and RI laws signal the federal government won't defend state 340B protections; Kansas's protections expire June 30.
Primary source
Washington State Standard / NACHC State 340B TrackerSource packet
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FQHC Talent. (2026, June 9). Washington's 340B protection law survives — and the national map now splits clean: 22 state laws, two circuits upholding, one blocking, DOJ siding with manufacturers. Primary source: Washington State Standard / NACHC State 340B Tracker. Retrieved July 28, 2026, from https://www.fqhctalent.com/intel/wa-340b-law-survives-circuit-split-deepens-june-2026
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